Waitingtoolongdave

Ya'll are providing some great info!!!

This came from brokensoldier244th: Section V.ii.3.B.1.c, but basically the whole section, starting with B.1.a should cover the rescinded fast letter.

From what my sparse research on fast letters tells me so far, "rescinded" doesn't necessarily mean what we think. If the fast letter (FL) gets written into policy, the FL is no longer necessary and is rescinded. It looks like this might be the case.

My remand is secondary so, not intertwined. However, I think they may be waiting out the 120-day appeal period (not sure why they think someone would appeal a favorable grant).

Thanks!

So, you believe I should be getting a rating on the 2 issues that were granted and do the remanded one separately?

Hello everyone! After 7 long years, I was finally granted service connection on May 13th of this year for a lumbar injury and sciatic nerve paralysis. After calling the VA hotline a few times, I've been told my issues are in the "decision phase." However, a 3rd issue was remanded. I have a c&p exam scheduled for the remanded issue on October 31st. My question is: Will they issue a rating and award for the 2 issues already granted or will they wait for the remanded issue to be adjudicated before I see a rating and award?

So much for the VA trying to "assist" and to be "non-adversarial." "David Shulkin, the former VA secretary, candidly acknowledged that the system as it currently functions is “adversarial.” Krause, Veterans Affairs Secretary Admits VA Is ‘Adversarial’ For Veterans (Nov. 8, 2017)." "In 2020 (the most recent year for which statistics are available), the CAVC ruled for the veteran in more than 90% of cases decided on the merits. See U.S. Court of Appeals for Veterans Claims Annual Report at 3 (2020).12 This means that BVA denials of benefits are erroneous in nine out of every ten cases. Even worse, claimants were awarded Equal Access to Justice fees in nearly 80% of appeals. See U.S. Court of Appeals for Veterans Claims Annual Report at 4.13 EAJA fees are available only if a court finds that the government’s position is not “substantially justified.” https://www.supremecourt.gov/DocketPDF/21/21-234/217825/20220307111705611_21-234 Amicus Brief of Military-Veterans Advocacy and Legal Aid Foundation of LA.pdf

Thanks!

Got some great news today! BVA finally granted for two issues (after 7.5 years) but I still have one issue on CAVC remand. I assume they will most-likely schedule another C&P? Will I have to wait for the remaining issue on remand to be resolved before I get paid? Thanks for all you help.

Lol...I see you've seen the remnants of my uphill battle on the "other" site. It's like asking what time it is and getting a stern lecture on how a watch works instead. Also, thanks for the info, it was very informative. I see that a CAVC remand is typically not a good thing but it appears that a vet has a little better luck being granted benefits with a Joint Motion to Remand.

Thanks! That would be helpful.

I'm talking about joint remands to the BVA granted by the CAVC.

Anyone know of the percentage of original claims being granted AFTER the CAVC grants a JMR?? Are the majority granted or denied?